The Administrator & Registrar General v Alusine Sumah & Others
Supreme Court Civil Appeal 2 of 2023, 20 June 2023, Hon Justice G Thompson JSC
Wills, Probate & Adminstration - Native law & custom - Whether a Susu Tribal Headman could make a determination in relation to the distribution of an intestate who was both a Susu and a Muslim - Request to Tribal Headsman should have been for consultation on Mohammedan law for distribution of the estate for the Susu tribe - Tribal Headman exceeded statutory powers in deciding Sumahs were beneficiaries and should simply have advised on the application of Mohammedan law within the Susu tribe.
Customary Law - Powers of Tribal Headman - Tribal Headman has no power to exercise jurisdiction over members of his tribe and reopen any matter already determined by the courts - Tribal Administration Western Area Act (Cap 78) s 12